Author Topic: Litigous? Read This First  (Read 2275 times)

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Litigous? Read This First
« on: October 14, 2005 11:31:18 PM »
My posts about suing and countersuing creditors as a Credit Repair tactic are well known and I have done it quite successfully.

Litigation has its place in the world of credit and    while it may not seem like it    most creditors have a good idea of when to sue and    more important to them    when NOT to. We need the same sense.

1. Judges don't like their courtrooms to be the FIRST place the case is argued out - it should be the LAST. That means you should always try (and document that you tried) to reach some agreement before it gets to lawsuit time. That's the importance on the ITS letter. One last chance to talk to me about this before I head to he Courthouse.

2. Judges also don't like to hear frivolous cases. Before you sue or Countersue    you need to BUILD YOUR CASE. Building your case means    at the very least    the following:

2A: There has been a violation of law or a breach of contract. You will have to prove this    so have the documentation. If it's a breach of law    have the EXACT provision of law (FCRA 602(a) for example) in your correspondence with the other side    the summons (if necessary) and if you go to trial    have a copy of the section of law you are relying on.

2A1: You should also research relevant court cases    legislative history and legislative intent    Court Rules and Administrative or Regulatory rulings that affect your case. It's called "Substantial Authority" and trial court cases live by it. Don't expect a trial court judge to start reinterpreting the US Constitution    it won't happen. Trial Court Judges are like sheep - they boldly go where EVERY JUDGE has gone before. I use as my primary research tool but there are plenty of others out there. Do your homework.

2A2: Remember    you are going up against an attorney in the attorney's own ballpark. DO YOUR HOMEWORK. I cannot repeat that enough.

2B: There has been a good-faith effort to resolve this matter outside the Courtroom. If the CA is suing you and just will not be reasonable about anything    that should be easy to document by MEMORIALIZING conversations. Build a paper trail. Get your evidence.

2C: The Court has to actually HAVE the power to grant you what you are asking. Sounds stupid    but if you sue in Small Claims (where I used to start ALL my cases) don't ask for an Injunction    you won't get it because the Court can't grant it.

2D: There have to be some sort of damages    real or Statutory. Claim what is reasonable. A million dollars damages because the Collector called you something you didn't like won't be awarded.

3: You cannot sue for hurt feelings    getting upset    having your day ruined    being called nasty names or anything as nebulous as that. Get over it.

4: Be reasonable. Judges like that. Let THEM be unreasonable. Judges HATE that.

5. Realize that litigation is both a sword and a shield. The Flyingifr method uses litigation as a shield - to help soften up a recalcitrant creditor so they will be reasonable and settle on terms everyone can live with. The countersuits    discovery    motions and such are all devised to legally make the costs of pursuing the suit higher than the costs of settling.

Litigation as a sword is used in credit cleanup not to encourage recalcitrant creditors to settle debts    but to encourage creditors to obey the Federal and State Laws that pertain to them - report accurately and fairly    pull a credit report only when permissible and in general treat consumers as people - with respect. When you are the plaintiff    as the Flyingifr method shows    you may push the other side into actions you did not intend. Consider all possible outcomes before you file. Obviously    there are many aspects to this thought - and no list could be all inclusive    but just as a Flyingifr Method Answer and Counterclaim    plus Motions and Discovery Demands will catch the creditor off guard    when a consumer sues the possibility of a countersuit is always there.

« Last Edit: December 25, 2005 04:37:43 PM by Flyingifr »
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)